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37 Opportunity to cross examine is the rules of natural justice; Administrative instructions must be subservient to the statutory rules

Opportunity to cross examine is the rules of natural justice

176. Rules of Natural Justice require that a party should have the opportunity of adducing all relevant evidence on which he relies; evidence of opponent should be taken in his presence and that he should be given an opportunity of cross examining the witness.

[Roshan Lal V Ishwar Das AIR 1962 SC 646]

 

177. Failure to give reasonable opportunity will vitiate the inquiry.

[Ministry of Finance V SB Ramesh 1998(1) SC 387]

 

178. Proceedings cannot be justified because the proceedings were held in violation of Principle of Natural Justice.

[N.K Sareen V Punjab National Bank 1994 111 AD Delhi 166 55 DLT 300]

 

179. Unexplained delay in initiating proceedings constitutes denial of reasonable opportunity.

[K.K School V UOI 1989(4) SLJ (CAT) 495: AIR 1990(1) 262: Principal Bench (1990) 13 ATC 156.]

 

180. Administrative instructions must be subservient to the statutory rules

The Central Govt. is competent to regulate the conditions of service of its employees by issue of executive instructions subject to certain conditions. This power is available to the Central Govt. under Articles 53, 73 and 310 read with entry 70 of List 1. The administrative instructions so issued should not contravene any provisions of the Constitution, statue, or statutory rules. These can be issued to fill in gaps in statutory rules or to cover arrears where no statutory rules exist. It is now settled that the administrative instructions must be subservient to the statutory rules and cannot run contrary to such rules. The rules cannot be amended or superseded by administrative instructions


[ Sant Ram  V State of Rajasthan AIR 1967 SC 1910 and Agarwal V State of UP AIR 1987 SC 1676]


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